The state’s highest court struck down a controversial state program that would allow struggling families to temporarily place their children with people who aren’t licensed foster parents, citing concerns that it would strip parents and kids of necessary legal and safety protections and that the state lacks liability if something were to go wrong.
New York ’s highest court strikes down state’s Host Homes program after calling it a ‘ shadow foster care system ’The state’s highest court struck down on Thursday a controversial state program that would allow struggling families to temporarily place their children with people who aren’t licensed foster parents, citing concerns that it would strip parents and kids of necessary legal and safety protections and that the state lacks liability if something were to go wrong.that would allow struggling families to temporarily place their children with people who aren’t licensed foster parents, citing concerns that it would strip parents and kids of necessary legal and safety protections and that the state lacks liability if something were to go wrong.
The Court of Appeals ruled the state’s Office of Children and Family Services did not have the legal authority to launch the program, called Host Homes, because it undermined the state legislature’s “carefully designed” foster care system. It does so, judges said, by sidestepping critical requirements, such as providing kids and parents with attorneys and placing foster kids in state custody so the state’s on the hook for their well-being — an argument made in court by the program’s opponents, Lawyers for Children and the Legal Aid Society.
The Host Family Home program purports to relieve its participants from some of the most important protections in the foster care system,” wrote Judge Anthony Cannataro in the decision.
“There is no requirement of judicial intervention of any kind, and therefore no assignment of counsel to parents or children at any point during the placement. ”would serve as a positive alternative to the state’s voluntary foster care system. The agency argued that it would offer temporary child care to families going through a rough patch who didn’t have friends or relatives to look after their kids.
Moreover, the OCFS added, families are already handing their kids off to others, so this program would establish baseline guidelines for the process and open that opportunity to parents without those connections. Photo courtesy Wikimedia Commons/UpstateNYer Judges recognized that the foster care system may be difficult for parents, but said this program could create a false sense of security for people turning to the state for help.
Families may feel the program sounds attractive, they argued, because they’d maintain legal custody of their kids, and feel like they can be assured it’s safe, since it’s run by the state. However, the state would actually have minimal responsibility to struggling families, as there would not be regular court hearings to ensure the child’s well-being, and individual host families wouldn’t be vetted.
It would also allow the state to wiggle out of legal obligations, like providing paid services to families, searching for a child’s next of kin, and assessing kids’ well-being. It would also mean parents who don’t want to deal with the court system or an attorney representing their children’s rights wouldn’t have to, judges said.
“While many of the statutory limitations on foster care can be frustrating to parents who seek this kind of assistance, these limits reflect the considered policy judgment of the legislature in balancing the interests of parents and children with the overall safety and stability of the foster care system writ large,” Cannataro writes. “It is not for this Court nor to rate the wisdom of these choices by countenancing a parallel regulatory program that attempts to evade them.
”Host Homes created ‘shadow foster care system’ The Court of Appeals’ decision – which overturned that of multiple lower courts ruling in favor of OCFS – comes just over a month after judgeswhether the Host Homes program would operate as a “shadow foster care system” when attorneys on both sides argued the case.
“How is this not creating a shadow system without oversight? ” Judge Shirley Troutman asked attorneys for OCFS.
“Why is the state being involved here without the legal protections not, in effect, the creation of a shadow foster care system? ”the host home movement’s goal is “enabling the global Church to return to its historic role of caring for the orphan and the widow. ” In 2021, when OCFS proposed adopting the program through New York state, three child advocacy groups sued, which kept the program on hold until the state’s high court killed it Thursday.
Lower courts siding with OCFS cited the fact that 38 other states currently have a similar program, agreed with the agency that it had the regulatory authority to create a program like this, despite state foster care law. The courts said that, though different from voluntary foster care, the OCFS had its own set of legal protections.
Those included informing parents and children of their rights, offering free or low-cost legal representation and implementing consequences for host families if they refuse to honor a parent’s request to take their child back. Court of Appeals judges said New York’s state legislature was so clear in laying legal requirements for the foster care system, however, that those arguments weren’t convincing.
Lawyers for Children and Legal Aid released a joint statement applauding the court’s decision, calling it a major victory for children and families across New York.
“The Court made clear that the State cannot separate families without due process and the protections required by law,” the statement reads. “Any program overseen by the state that removes children from their homes must include counsel, court oversight, and accountability. ”Isabella Gallo covers courts and law for amNewYork Law.
She breaks down legal developments, court decisions, cases, lawsuits and the work of attorneys and judges to make the law more accessible to the public and provide a reliable resource to lawyers looking to understand how recent rulings could impact their practice. New York’s highest court strikes down state’s Host Homes program after calling it a ‘shadow foster care system’exhibitionsBronx split takes effect: NYPD creates two major commands in borough to bring in more resources, combat gun violence ICE in courts: Lander attempts to bring copies of judge’s order to agents a day after they violated arrest ban
New York Host Homes Program State’S Highest Court Stripped Of Necessary Legal And Safety Protect Lack Of Liability State Legislature’S Carefully Designed Foster Host Family Home Program Parallel Regulatory Program Shadow Foster Care System Enabling The Global Church To Return To Its Hi
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